Florida Senate - 2011                                     SB 776
       
       
       
       By Senator Diaz de la Portilla
       
       
       
       
       36-01609-11                                            2011776__
    1                        A bill to be entitled                      
    2         An act relating to public school class size maximums;
    3         amending s. 1003.03, F.S.; deleting provisions which
    4         impose financial penalties, and provide calculations
    5         therefor, on school districts that do not meet maximum
    6         class size requirements; providing an effective date.
    7  
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (5) of section 1003.03, Florida
   11  Statutes, is renumbered as subsection (4) and present subsection
   12  (4) of that section is amended to read:
   13         1003.03 Maximum class size.—
   14         (4) ACCOUNTABILITY.—
   15         (a) If the department determines that the number of
   16  students assigned to any individual class exceeds the class size
   17  maximum, as required in subsection (1), based upon the October
   18  student membership survey, the department shall:
   19         1. Identify, for each grade group, the number of classes in
   20  which the number of students exceeds the maximum and the total
   21  number of students which exceeds the maximum for all classes.
   22         2. Determine the number of FTE students which exceeds the
   23  maximum for each grade group.
   24         3. Multiply the total number of FTE students which exceeds
   25  the maximum for each grade group by the district’s FTE dollar
   26  amount of the class size categorical allocation for that year
   27  and calculate the total for all three grade groups.
   28         4. Multiply the total number of FTE students which exceeds
   29  the maximum for all classes by an amount equal to 50 percent of
   30  the base student allocation adjusted by the district cost
   31  differential for the 2010-2011 fiscal year and by an amount
   32  equal to the base student allocation adjusted by the district
   33  cost differential beginning in the 2011-2012 fiscal year and
   34  thereafter.
   35         5. Reduce the district’s class size categorical allocation
   36  by an amount equal to the sum of the calculations in
   37  subparagraphs 3. and 4.
   38         (b) The amount of funds reduced shall be the lesser of the
   39  amount calculated in paragraph (a) or the undistributed balance
   40  of the district’s class size categorical allocation. The Florida
   41  Education Finance Program Appropriation Allocation Conference
   42  shall verify the department’s calculation in paragraph (a). The
   43  commissioner may withhold distribution of the class size
   44  categorical allocation to the extent necessary to comply with
   45  paragraph (a).
   46         (c) In lieu of the reduction calculation in paragraph (a),
   47  if the Commissioner of Education has evidence that a district
   48  was unable to meet the class size requirements despite
   49  appropriate efforts to do so or because of an extreme emergency,
   50  the commissioner may recommend by February 15, subject to
   51  approval of the Legislative Budget Commission, the reduction of
   52  an alternate amount of funds from the district’s class size
   53  categorical allocation.
   54         (d) Upon approval of the reduction calculation in
   55  paragraphs (a)-(c), the commissioner must prepare a reallocation
   56  of the funds made available for the districts that have fully
   57  met the class size requirements. The funds shall be reallocated
   58  by calculating an amount of up to 5 percent of the base student
   59  allocation multiplied by the total district FTE students. The
   60  reallocation total may not exceed 25 percent of the total funds
   61  reduced.
   62         (e) Each district that has not complied with the
   63  requirements in subsection (1) shall submit to the commissioner
   64  by February 15 a plan certified by the district school board
   65  that describes the specific actions the district will take in
   66  order to fully comply with the requirements in subsection (1) by
   67  October of the following school year. If a district submits the
   68  certified plan by the required deadline, the funds remaining
   69  after the reallocation calculation in paragraph (d) shall be
   70  added back to the district’s class size categorical allocation
   71  based on each qualifying district’s proportion of the total
   72  reduction for all qualifying districts for which a reduction was
   73  calculated in paragraphs (a)-(c). However, no district shall
   74  have an amount added back that is greater than the amount that
   75  was reduced.
   76         (f) The department shall adjust school district class size
   77  reduction categorical allocation distributions based on the
   78  calculations in paragraphs (a)-(e).
   79         Section 2. This act shall take effect July 1, 2011.